House Bill 1237

AN ACT TO CREATE NEW SECTION 43-19-36, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CHILD SUPPORT OBLIGATIONS SHALL BE SUSPENDED BY OPERATION OF LAW FOR PERSONS ORDERED TO PAY CHILD SUPPORT WHO ARE INCARCERATED OR INVOLUNTARILY INSTITUTIONALIZED FOR MORE THAN 180 DAYS, WITH CERTAIN EXCEPTIONS; TO PROVIDE THAT THE CHILD SUPPORT OBLIGATION WILL RESUME 60 DAYS AFTER THE NONCUSTODIAL PARENT IS RELEASED FROM INCARCERATION, AND THE NONCUSTODIAL PARENT'S CHILD SUPPORT ORDER AND OBLIGATION WILL BECOME ENFORCEABLE ON THAT DATE; TO AUTHORIZE THE DEPARTMENT OF HUMAN SERVICES WHEN ENFORCING A CHILD SUPPORT ORDER TO ADMINISTRATIVELY ADJUST THE ARREARS BALANCE FOR AN ORDER FOR CHILD SUPPORT THAT WAS SUSPENDED BECAUSE OF INCARCERATION OR INSTITUTIONALIZATION UNDER CERTAIN CONDITIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 43-19-36, Mississippi Code of 1972:

43-19-36. (1) For the purposes of this section, the following terms shall be defined as provided in this subsection:

(a) "Incarcerated or involuntarily institutionalized" includes, but is not limited to, involuntary confinement to a federal or state prison or correctional facility, a county jail, a juvenile detention center or a mental health facility. This term does not include probation or work release, and the one hundred and eighty (180) consecutive days excludes credit for time served before sentencing.

(b) "Child support obligation" means the payment due on the current child support order, an arrears payment on a preexisting arrears balance, or interest on arrears.

(c) "Suspension" means a child support obligation being administratively set to Zero Dollars ($0.00) for the period in which the person owing support is incarcerated or involuntarily institutionalized, and prevents the accrual of arrears during that period of incarceration.

(2) Child support obligations shall be suspended, by operation of law, for any period exceeding one hundred and eighty (180) consecutive days in which the person ordered to pay support is incarcerated or involuntarily institutionalized, unless either of the following conditions exists:

(a) The person owing support has the means to pay support in accordance with the guidelines established in 43-19-101 and 43-19-103 while incarcerated or involuntarily institutionalized; or

(b) The person owing support was incarcerated or involuntarily institutionalized for an offense constituting domestic violence under Section 97-3-7, child abuse under Section 97-5-39, or criminal nonpayment of child support under Section 97-5-3.

(3) The child support obligation will resume the first day of the month following the expiration of sixty (60) days after the date the noncustodial parent is released from incarceration, and the noncustodial parent's child support order and obligation will become enforceable on that date. This section does not preclude a person owing support from seeking a modification of the child support order based on a change in circumstances or other appropriate reason.

(4) (a) The Department of Human Services enforcing a child support order under Title IV-D of the Social Security Act (42 USC Section 651 et seq.) may, upon written notice of the proposed adjustment to the obligor and the obligee, administratively adjust the arrears balance for an order for child support suspended under subsection (2) of this act if all of the following occur:

(i) The department verifies that arrears were accrued in violation of this section;

(ii) The department verifies that neither of the conditions set forth in paragraph (a) or (b) of subsection (2) of this section exist; and

(iii) Neither the support obligor nor obligee objects in writing within thirty (30) days of receipt of the notice of proposed adjustment by the department.

(b) If either the support obligor or obligee objects to the administrative adjustment set forth in this subsection, the department shall file a petition with the court for a determination of the arrears balance.

(c) The department may perform this adjustment without regard to whether it was enforcing the child support order at the time the parent owing support qualified for relief under this section.

(5) This section does not prohibit the department or a party from petitioning a court for a determination of child support or arrears amounts.

(6) This section applies to every child support obligation in which the person who is ordered to pay is incarcerated for one hundred and eighty (180) days after the enactment of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.